Backus v. Lebanon
Superior Court of New Hampshire
Petition for a highway. On the coming in of the report of the committee, laying out a highway, according to the prayer of the petition, it appeared that a portion of the highway was laid over the Fourth New-Hampshire Turnpike.
Read the full summary
Petition for a highway. On the coming in of the report of the committee, laying out a highway, according to the prayer of the petition, it appeared that a portion of the highway was laid over the Fourth New-Hampshire Turnpike. By the charter of the turnpike corporation, granted in 1800, the grantees were constituted a corporation, without limitation of time ; and power was granted them to make a road, to erect gates, appoint toll-gatherers, take tolls, and to prevent persons from passing without payment. There was a clause, also, by which the state reserved the right, at the expiration of…
1Opinion of the Court
ParKeh, 0. J.
It is admitted that the charter, under which the Fourth New-Hampshire Turnpike corporation has been organized, and has constructed its road, is a contract, and within the protection of the clause of the constitution of the United States, prohibiting the several states from passing any laws impairing the obligation of contracts. But what is the contract ? It is a grant, to the individuals, of a right to organize and form a corporation, with power to construct and keep in repair a road in a certain place ; to erect gates, take tolls, and prevent persons from passing without…
2Cases cited4 opinions
- Proprietors of the Piscataqua Bridge v. New-Hampshire BridgeSuperior Court of New Hampshire · 1834
- Brewster v. HoughSuperior Court of New Hampshire · 1839
- Barber v. AndoverSuperior Court of New Hampshire · 1836
- Peirce v. SomersworthSuperior Court of New Hampshire · 1839
3Cited by11 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- City of Wink v. Wink Gas Co.Court of Appeals of Texas · 1938
- In re KerrNew York Supreme Court · 1864
- Adden v. White Mts. N. H. RailroadSupreme Court of New Hampshire · 1875
6 more not listed; retrieve them via the Exa API.